The BEST4FRIENDS - AFFILIATE PROGRAM (the “Program”) is a loyalty reward program offered by TAGS Ltd. (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through https://best4friends.net (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation pay-me.club/pages/affiliate-programs (the “Explainer Page”).
The Program allows persons who have completed the membership enrolment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect positions when making purchases on items identified from time to time by the Company (“Eligible Purchases”) and to redeem these positions for U.S. dollars, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
By accessing this site, you are agreeing to be bound by these Site Terms and Conditions of Use (the "Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this site are protected by applicable copyright and trademark law.
1. SUBJECT MATTER OF THE TERMS
- Subject to these Terms, by accepting these Terms of BEST4FRIENDS (the "Site"), you become a user (the "User") of the Site, and the Site shall provide you with your chosen services, websites and applications (the "Service"). The site will allow the user to add, view, and download text, information, graphics, audio, video, and data (the "Content").
- Your access to and use of the Site and the Service is conditioned on your acceptance of and compliance with these Terms.
- By subscribing to any Service on the Site, you will have the option to accept the Terms. Your subscription shall not be confirmed until you accept the Terms.
- By using PayPal to handle payments you also agree to PayPal™'s Acceptable Use Policy and CoinPayments User Agreement.
- "Goods" the goods, services and any other products of the User to be delivered through the Site in accordance with these Terms.
- "User Website" the website of the User, where the Goods are disposed, advertised and where sale-purchase or other agreements are entered into between the User and the End Customer. This can be a page on BEST4FRIENDS or linked to BEST4FRIENDS through our API.
- "Customer" the end customer - purchaser or another recipient of the Goods.
- "Intellectual Property" shall be any works, creations, inventions, designs, know-how, computer programs, software, source codes, documents, products, processes, materials, brands, trademarks, images, and any other similar non-material assets, and any part thereof, distributed by the User.
- "Intellectual Property Rights" shall mean patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or non-registered and including all applications (and rights to apply for such rights as mentioned under this paragraph), and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world that can in any way be related to what is offered by the User.
3. OBLIGATIONS, WARRANTIES AND REPRESENTATIONS
- BEST4FRIENDS has the right to terminate your account without notice at any time if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
The User shall be the sole user of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
- You are at least eighteen (13) years old unless the law applicable to You establish other age of majority.
- The User has the legal capacity and authority to:
- enter into binding contracts of any nature; if you represent a legal entity, you represent and warrant that you are fully and legally authorized to act on behalf of this legal entity,
- undertake and fulfil these Terms,
- subscribe to and use the Service and the Site, including, where applicable, the buying, selling and listing of items, in accordance with these Terms.
- The User shall not use the Site for any purpose and in any way that is illegal in accordance with the law applicable to these Terms and your home law or prohibited by these Terms.
- All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
- The User has the right to legally advertise, sell or otherwise distribute any and all your Goods, including, but not limited to, the Goods distributed on your Website or otherwise; you and/or the legal entity represented by have created and/or have obtained all licenses, permissions, agreements and other consents from the authors, inventors and any other holders of Intellectual Property Rights to the Goods or any part thereof; and that all sales and advertisements will be in compliance with applicable legal requirements, including, but not limited to, your products and services, and any your actions:
- Does not infringe any Intellectual Property Rights
- Does not infringe any rights or other persons
- Does not infringe any human rights
- Is in compliance with the applicable legal provisions, including, but not limited to, laws of advertising, competition, copyrights and related rights, etc.
- Is compatible with best practices applicable to your business or other activity.
- Without limiting the foregoing, the User is prohibited to disseminate and distribute any of the following:
- Counterfeited and any other illegal products, including, but not limited to, those infringing any Intellectual Property Rights or other rights, such as music; movies; eBooks; games; videos; photographs and software;
- Identity documents, personal financial records or personal information (in any form, including mailing lists);
- Any illegal material, including, but not limited to, obscene material, offensive material, hate speeches, etc.;
- Stocks or other securities; or
- Any products that are obtained by illegal means.
- Any products that are made for illegal or harmful intent.
- Any product that may break the terms of service of any affiliated third party
For any issues concerning the legitimacy of the Goods, the applicable legal provisions shall apply, and the User shall cooperate and put all reasonable efforts, present responses and any assistance to BEST4FRIENDS, in case of any investigation of the legitimacy of the Goods.
The User agrees that any products might be removed from the Site by BEST4FRIENDS at any time at its own discretion in accordance with applicable legal provisions.
4. FUNDED / fINANCING
Instead of paying to use BEST4FRIENDS and the other products and services we offer, by using the BEST4FRIENDS Products covered by these Terms you agree that we can show you ads that business and organizations pay us to promote on and off the BEST4FRIENDS Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads. We then show their ad to people who might be interested.
5. CANCELLATION POLICY
The User shall have the right to unregister from the Site and terminate the Service at any time by contacting BEST4FRIENDS and requesting an account closure.
The data of the User shall be stored within the Site confidentially for 1 (one) year from the expiration of the Time of Termination, and the User shall have the right to renew the subscription. After the expiration of the said term, the data of the User's account shall be immediately terminated.
If any deduction of the Fee from the User's accounts occurs in accordance with these Terms and Conditions during the Termination Time, this Fee belongs to the BEST4FRIENDS. If any of the Goods are ordered and delivered within the Time of Termination, the Fee belongs to the BEST4FRIENDS. If any deduction of the Fee occurs after the expiration of the Time of Termination, except the payment is made for the Goods ordered and delivered until the expiration of the Time of Termination, such sums deducted, if any, shall be immediately refunded to the User.
BEST4FRIENDS shall archive and store all details of the use of the Service, including, but not limited to, the invoices, as well as the contact details of the User, for the period of time as established by applicable legal provisions. No personal information shall be transferred to any third parties, except in cases provided by mandatory legal provisions, including, but not limited to, to State Tax Inspectorate, courts of other competent institutions that request such information, or for the purpose of presenting legal claims or defence.
6. DISCLAIMER OF WARRANTIES
BEST4FRIENDS, ITS SUPPLIERS, AND SERVICE PROVIDERS PROVIDE THE SERVICES, CONTENT, MATERIAL, PRODUCTS AND ANYTHING ELSE AVAILABLE THROUGH THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BEST4FRIENDS, ITS SUPPLIERS, AND SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES.
BY ACCEPTING TO THESE TERMS, THE USER EXPRESSLY AGREES THAT THIS SECTION 7 IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT, IF SUCH SECTION IS ABSENT, THE ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL BEST4FRIENDS, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.
BEST4FRIENDS DOES NOT WARRANT THAT THIS SITE; CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAILS SENT FROM BEST4FRIENDS ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. BEST4FRIENDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL BEST4FRIENDS LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
By entering into these Terms, the User undertakes to indemnify and hold harmless BEST4FRIENDS, its employees, shareholders, directors, its suppliers and service providers, from any and all losses, damages, fines, penalties, governmental regulatory enforcement actions, and other costs (including reasonable attorney's fees and expenses) finally awarded or agreed to in connection with the adjudication or settlement of any claim, administrative proceeding, cause of action or lawsuit, resulting from any actions or failure to act, violation of these Terms, legal provisions, accident, incident, or mishap occurring anywhere for whatever cause, performed by or connected with the User.
9. BETA SERVICES
From time to time, BEST4FRIENDS may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which BEST4FRIENDS will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered BEST4FRIENDS Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without BEST4FRIENDS prior written consent. BEST4FRIENDS makes no representations or warranties that the Beta Services will function. BEST4FRIENDS may discontinue the Beta Services at any time in its sole discretion. BEST4FRIENDS will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. BEST4FRIENDS may change or not release a final or commercial version of a Beta Service in our sole discretion.
10. DMCA NOTICE AND TAKEDOWN PROCEDURE
BEST4FRIENDS supports the protection of intellectual property and asks BEST4FRIENDS merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to BEST4FRIENDS designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter-notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
These Terms, the entering into the Terms, the termination of the Terms, etc., are governed by the laws of the State of Delaware. Any and all claims, legal proceedings, or litigation, arising in connection with the Service or these Terms shall be brought solely in the State of Delaware, and the User consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.
The failure to BEST4FRIENDS to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Our site may contain links to third party websites. These links are provided solely as a convenience to the user. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our site does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. BEST4FRIENDS has no control over the legal documents and privacy practices of third party websites; as such, you access any such third-party websites at your own risk.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, e.g. the amendment of the Fee, we shall notify the User via the email associated with the User's BEST4FRIENDS account in advance, before the reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.
If any provision of these Terms is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Terms and BEST4FRIENDS shall immediately, after having discovered such incompliance, replace the void provision with the valid one. If you have questions about these Terms or the Service, please contact us at firstname.lastname@example.org.
Last Updated: January 8, 2020